Dividing property during divorce can be one of the most contentious and financially impactful aspects of the entire process. Florida follows the principle of equitable distribution, which means that marital assets and liabilities are divided in a manner the court deems fair—but not necessarily equal. For couples divorcing in Tampa, understanding how equitable distribution works is essential to protecting your financial future.
Equitable distribution encompasses more than just who keeps the house. It includes bank accounts, retirement benefits, real estate, debts, business interests, and personal property acquired during the marriage. While spouses are free to reach their own agreements, unresolved issues are decided by the court, often following a thorough analysis of each party’s financial contributions, needs, and conduct during the marriage.
This article explains the legal framework behind equitable distribution in Florida, the types of property involved, and how courts determine what is fair. A skilled Tampa divorce lawyer can help you identify and value marital assets, trace non-marital property, and negotiate or litigate an equitable distribution plan that reflects your goals.
What Is Equitable Distribution?
Equitable distribution is the legal process by which a court divides marital property and debts in a Florida divorce. Under this system, each spouse retains their separate (non-marital) property, while marital assets and liabilities are divided equitably. The court starts with the presumption that an equal split is fair but may adjust the division based on various statutory factors.
Equitable does not mean equal in all cases. If one spouse has greater financial needs, contributed more to the marital estate, or if one spouse dissipated assets, the court may award a larger share to the other.
A Tampa divorce lawyer will ensure that all assets and liabilities are properly classified, valued, and distributed according to Florida law.
Marital vs. Non-Marital Property
One of the first steps in equitable distribution is identifying which property is marital and which is not. Only marital property is subject to division by the court.
Marital Property Includes:
- Income earned by either spouse during the marriage
- Assets acquired using marital funds
- Real estate purchased during the marriage
- Retirement accounts and pensions earned during the marriage
- Business interests formed during the marriage
- Appreciation in value of non-marital assets due to marital efforts or contributions
Non-Marital Property Includes:
- Property acquired before the marriage
- Inheritances or gifts to one spouse
- Income from non-marital property (if not commingled)
- Assets excluded by prenuptial or postnuptial agreement
- Lawsuit proceeds awarded to one spouse for personal injury (except lost wages or medical bills)
A Tampa divorce lawyer can help you gather documentation to distinguish between marital and non-marital property and protect your individual assets.
The Process of Equitable Distribution in Florida
When the court is tasked with dividing property, it follows a structured process:
Step 1: Identify All Assets and Liabilities
Each spouse must file a financial affidavit disclosing income, assets, expenses, and debts. Full and accurate disclosure is mandatory. A Tampa divorce lawyer will help ensure your disclosures comply with Florida’s Family Law Rules of Procedure.
Step 2: Classify Property as Marital or Non-Marital
The court determines which assets and liabilities are marital and therefore subject to division. Disputes often arise when property was acquired before the marriage but later commingled or improved using marital funds.
A Tampa divorce lawyer can analyze title documents, bank records, and other evidence to trace ownership and resolve classification disputes.
Step 3: Value the Marital Assets
Each marital asset must be assigned a fair market value. This may involve appraisals for real estate, business valuations, or actuarial analysis for pensions.
Assets are typically valued as of the date of the divorce filing or another date determined by the court. A Tampa divorce lawyer can coordinate with financial professionals to ensure proper valuation.
Step 4: Distribute the Assets Equitably
Once assets are identified, classified, and valued, the court divides them in a manner it considers fair. This may include awarding certain assets to one spouse and offsetting them with others or ordering the sale of assets and division of proceeds.
If the parties reach a property settlement agreement, the court generally approves it. If not, the judge will determine distribution at trial.
Equitable Distribution Factors in Florida
Florida Statute §61.075 sets forth the factors the court may consider in deciding how to divide marital property. These include:
- Each spouse’s contribution to the marriage, including homemaking, childcare, education, and career building
- The economic circumstances of each spouse
- The duration of the marriage
- Interruption of personal careers or educational opportunities
- Contributions to the acquisition, enhancement, or production of income or assets
- Desirability of retaining certain assets, such as the family home for the benefit of minor children
- Waste, dissipation, or destruction of assets within 2 years of the divorce filing
- Any intentional misconduct that harmed the marital estate
- Liabilities incurred by either party
- Any other factor necessary to do equity and justice
A Tampa divorce lawyer can build a persuasive case using these factors to advocate for an appropriate distribution of property in your favor.
Common Equitable Distribution Disputes
Some of the most litigated issues in divorce revolve around:
1. Commingling of Non-Marital Assets
If non-marital funds or property are mixed with marital assets, they may lose their separate character. For example, depositing a premarital inheritance into a joint bank account may transform it into marital property.
A Tampa divorce lawyer can help you trace the source of funds and argue for proper classification.
2. Business Valuations
When one spouse owns a business, disputes arise over:
- Whether it is marital or non-marital
- The value of the business
- How the other spouse contributed to its growth
- Whether to offset its value with other assets or divide ownership
Expert valuation is critical. A Tampa divorce lawyer can coordinate with accountants and business appraisers to present accurate numbers.
3. Real Estate Division
Florida courts can award exclusive use of the marital home to one spouse temporarily, especially when minor children are involved. But ultimately, the equity in the home must be divided.
Options include:
- Selling the home and dividing proceeds
- One spouse refinancing and buying out the other
- Offsetting the equity with other assets
A Tampa divorce lawyer can help negotiate creative solutions that preserve stability for children while protecting your equity.
4. Hidden Assets
If one spouse attempts to conceal income or property, forensic accountants may be needed. Courts take a dim view of dishonesty and may award the innocent spouse a greater share as a penalty.
A Tampa divorce lawyer can issue subpoenas, conduct depositions, and uncover financial misconduct.
Temporary Use of Marital Property
During the divorce, the court may enter temporary orders giving one spouse exclusive use of certain assets, such as the marital home or vehicles. These orders do not determine final ownership but help stabilize the situation.
If one party is using marital funds to pay expenses, the court may later equalize distributions with lump-sum payments or property awards. A Tampa divorce lawyer can request temporary relief while preserving your long-term rights.
Debts and Liabilities in Equitable Distribution
Just like assets, marital debts must be divided equitably. This includes:
- Mortgages
- Car loans
- Credit card debt
- Tax liabilities
- Student loans (if incurred for marital benefit)
The court considers who incurred the debt, who benefited from it, and who is in a better position to repay it. However, creditors are not bound by the divorce order. If your name remains on a joint debt, you may still be pursued by the creditor even if your spouse was ordered to pay.
A Tampa divorce lawyer can help negotiate indemnification clauses or pursue post-judgment enforcement if your spouse fails to pay a court-ordered debt.
The Role of Prenuptial and Postnuptial Agreements
A valid prenuptial or postnuptial agreement can override Florida’s equitable distribution rules. These agreements may define what is considered separate property, assign responsibility for debts, or waive rights to certain assets.
If you have a marital agreement, the court will enforce it unless it was signed under duress or is otherwise legally defective.
A Tampa divorce lawyer can review your agreement, assess its enforceability, and help protect your contractual rights.
Protecting Your Property Rights During Divorce
Here are some proactive steps to protect your interests:
- Inventory all assets and debts
- Gather documentation for account balances and property titles
- Identify non-marital property and maintain separate accounts
- Avoid large purchases or asset transfers during the divorce
- Be transparent in financial disclosures
- Retain a Tampa divorce lawyer early in the process
Even in amicable divorces, proper legal advice ensures that your rights are preserved and that all marital property is accounted for and divided properly.
Enforcement of Equitable Distribution Orders
Once the court enters a final judgment, both parties must comply. If your former spouse fails to:
- Transfer property
- Pay equalizing payments
- Refinance joint debts
- Surrender assets per the agreement
You may file a motion to enforce the judgment or for contempt. Remedies may include:
- Court-ordered compliance
- Sanctions or fines
- Payment of your attorney’s fees
- Garnishment or liens
A Tampa divorce lawyer can assist with post-judgment enforcement to make sure you receive what the court awarded.
Tax Implications of Equitable Distribution
While property transfers between spouses incident to divorce are generally non-taxable, certain issues may trigger tax consequences, including:
- Selling appreciated assets
- Retirement account distributions
- Business valuations and asset buyouts
A Tampa divorce lawyer can work with tax advisors to minimize your exposure and structure agreements that protect your financial health.
FAQ
Q: Does equitable mean equal in Florida divorce cases?
A: Not necessarily. The court starts with a presumption of equal distribution but may award one party more based on statutory factors.
Q: Can I keep property I owned before the marriage?
A: Generally, yes—unless it was commingled with marital funds or used for marital purposes. A Tampa divorce lawyer can help classify and protect non-marital assets.
Q: What happens to the house in a Florida divorce?
A: The marital home may be sold, one spouse may buy out the other, or one spouse may be awarded temporary exclusive use. The equity is then divided equitably.
Q: How are retirement accounts divided?
A: Retirement earned during the marriage is marital property. Division often requires a QDRO to transfer funds without tax penalties.
Q: What if my spouse is hiding assets?
A: The court can penalize concealment. A Tampa divorce lawyer can uncover hidden assets using discovery tools and forensic accountants.
Q: Can debt be divided unequally?
A: Yes. The court can assign more debt to one spouse if justified by financial circumstances or who incurred the debt.
Q: How does adultery affect equitable distribution?
A: Florida is a no-fault state, but dissipation of marital assets due to an affair (e.g., buying gifts or vacations for a third party) may affect distribution.
Q: Can we divide property without going to court?
A: Yes. You can reach a settlement through negotiation or mediation. A Tampa divorce lawyer can draft a binding marital settlement agreement.
Q: Do we need to sell everything and split the money?
A: Not always. Property can be offset—one spouse may keep the home while the other keeps investments or retirement funds.
Q: What if my spouse won’t comply with the court’s order?
A: A Tampa divorce lawyer can file a motion for enforcement or contempt and seek penalties to compel compliance.
Equitable distribution in Florida is not just about dividing property—it’s about doing so in a manner that is legally sound, financially fair, and sustainable for your post-divorce life. Whether your estate is modest or complex, a trusted Tampa divorce lawyer can help you identify and value assets, protect your legal interests, and pursue a resolution that honors your contributions and secures your future. With the right legal guidance, equitable doesn’t have to mean uncertain—it can mean empowered.
The McKinney Law Group: Efficient Divorce Services for Tampa Clients Ready to Move Forward
If you and your spouse agree on key issues, an uncontested divorce may be the fastest, most cost-effective path forward. The McKinney Law Group helps Tampa couples complete their divorce with minimal stress and maximum clarity.
We help with:
✔ Filing uncontested divorce petitions in Hillsborough County
✔ Drafting and reviewing settlement agreements
✔ Navigating child custody and support agreements
✔ Offering flat-fee pricing for qualifying cases
✔ Ensuring everything is done right the first time
Call 813-428-3400 or email [email protected] to learn more.